State v. Mullins
340 S.W.3d 311
| Mo. Ct. App. | 2011Background
- Barnes was robbed at gunpoint on a dead-end street; Mullins exited a silver car and forced her to surrender her own vehicle.
- Barnes had a clear view of Mullins’s face during the robbery and provided a physical description to police shortly after.
- Police recovered Barnes’s car the same day and conducted a lineup at Barnes’s request; Mullins was included in the lineup with two others.
- Barnes identified Mullins from the lineup and later identified him at trial; Mullins was convicted on counts including first-degree robbery and armed criminal action.
- The trial court admitted the pretrial and trial identifications; Mullins argues the lineup was unnecessarily suggestive and violated due process.
- Standard of review governs admissibility of identification evidence, focusing on abuse of discretion and potential prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the lineup was unduly suggestive | Mullins claims lineup was suggestive | Lanos analysis shows lineup not unduly suggestive | Lineup not unduly suggestive; identification admitted |
Key Cases Cited
- State v. McElvain, 228 S.W.3d 592 (Mo.App. W.D.2007) (unduly suggestive lineups require careful scrutiny; reliability weighs if no error)
- State v. Lanos, 14 S.W.3d 90 (Mo.App. E.D.1999) (two-step test for admissibility of identification evidence)
